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12-26-2009, 06:35 PM
Join Date: Aug 2008
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Originally Posted by Jester View Post
No, he would have to out the source to defend himself if the team went after him. Reporting an unsubstantiated story from an anonymous reckless reporting. It's rumor mongering, and by putting it out there you open yourself to libel/defamation of character charges.
I wasn't referring to outing his source to defend against the team or individuals, I was referring to it being a "problem" for him in future employment. Identifying something as a "bizarre rumor" and further stating "if it were true" doesn't even come close to meeting the standards for libel. If anything what he put forth acted as a disclaimer for what was stated thereafter.

Had he not mentioned "bizarre rumor" or "if it were true" and presented the information as fact, libel could then be in play. There is no law, civil or criminal for what you term "rumor mongering". TMZ does it on a daily basis, The National Inquirer and The Star have been doing it for decades. Very rarely, if ever, is someone successful in a libel suit against them. They have been sued, and have been guilty of such conduct however there conduct was far more reckless than Brennan's.

Besides he wasn't the first person to post this rumor on the internet, and he surely won't be the last.

Originally Posted by Jester View Post
Thus why a libel/defamation of character case never materialized...Carton's problem was that he was working for the carrier of the organization's radio feed, which meant they had some hold over WIP. So the fact that he didn't out his source was a problem, because the Flyers wanted to nip it in the bud.

I don't recall them ever saying it was true, however.
A case did materialize. The Flyers filed a libel suit, it was settled out of court. About 3-4 years later Clarke admitted to a group of Philadelphia reporters that Carton's story was true, and I believe Snyder when asked about it after that also confirmed it was true. I also remember hearing the settlement was modified as well.

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